Tag Archives: car accident

Are Medical Experts Becoming Less Influential in Personal Injury Cases?

Personal injury lawyers commonly hire doctors and other medical experts to provide expert evidence. Medical experts are tasked with providing their opinion, on subjects including: the cause of a plaintiff’s injuries, the future outlook of a plaintiff’s injuries, and how a plaintiff’s ability to work will or has been affected by injuries. When making a […]

An award for loss of capacity without any actual time off work.

  Loss of capacity refers to the loss of a person’s ability to earn income in the future. As previously stated,  the courts in British Columbia typically use one of two approaches to calculate this: the earnings approach and the loss of capital asset approach. The earnings approach involves a more mathematical approach and is […]

What exactly is whiplash? How do the courts deal with it? How much is a whiplash injury worth?

  As this is an extremely common injury from motor vehicle accidents, I felt that the subject of whiplash required further elaboration. The issue of whiplash is a complicated one. Unlike injuries that involve broken bones or visible cuts or bruises, whiplash usually consists entirely of self-reported injuries. This puts the court in a position […]

You do not need to lose consciousness to suffer a brain injury: court awards art student million dollar settlement in ICBC case.

  In a recent Supreme Court of British Columbia case, an art student was awarded a 1 million dollar settlement: http://www.courts.gov.bc.ca/jdb-txt/SC/15/17/2015BCSC1724.htm At issue was whether or not the plaintiff had suffered a brain injury. The courts found that the plaintiff had indeed suffered a mild traumatic brain injury, which was likely to cause “permanent”cognitive impairment. […]

Never settle too early with ICBC: the courts award a plaintiff almost $800,000 for a deteriorating soft-tissue injury.

  When negotiating with ICBC there is always a temptation to settle a case as soon as possible. A recent Supreme Court of British Columbia case illustrates why this can be a huge mistake: http://www.courts.gov.bc.ca/jdb-txt/SC/15/15/2015BCSC1532.htm Here, a plaintiff initially suffered what were described as “typical” soft-tissue injuries. Over time, however, these injuries progressed into something […]